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e-CFR data is current as of October 27, 2020

Title 48Chapter 1Subchapter GPart 45 → Subpart 45.4


Title 48: Federal Acquisition Regulations System
PART 45—GOVERNMENT PROPERTY


Subpart 45.4—Title to Government Property


Contents
45.401   Title to Government-furnished property.
45.402   Title to contractor-acquired property.

Source: 72 FR 27385, May 15, 2007, unless otherwise noted.

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45.401   Title to Government-furnished property.

The Government retains title to all Government-furnished property until properly disposed of, as authorized by law or regulation. Property that is leased by the Government and subsequently furnished to the contractor for use shall be considered Government-furnished property under the clause 52.245-1, Government Property.

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45.402   Title to contractor-acquired property.

(a) Title vests in the Government for all property acquired or fabricated by the contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed-price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the contractor retains title to all property acquired by the contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.

(b) Under cost type and time-and-material contracts, the Government acquires title to all property to which the contractor is entitled to reimbursement, in accordance with paragraph (e)(3) of clause 52.245-1.

[72 FR 27385, May 15, 2007, as amended at 75 FR 38680, July 2, 2010]

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